Texas Commission of Licensing and Regulation Meeting Agenda

Videoconference Meeting
COMMISSION MEETING AGENDA
May 6, 2021 8:30 a.m.

This meeting will take place via videoconference and will be broadcast on TDLR’s YouTube channel: https://www.youtube.com/user/TexasLicensing. The meeting agenda and materials are available on the Department’s webpage at www.tdlr.texas.gov. If you need materials in an alternate format, contact the Texas Department of Licensing and Regulation at least 5 working days before the meeting date. Phone: (512) 463-6599, E-MAIL: open.meetings@tdlr.texas.gov, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

  1. Call to Order and Invocation
  2. Roll Call and Certification of Quorum
  3. Acknowledgement of Commissioner Helen Callier, President of Permit Us Now, in supporting National women in Construction Week

PUBLIC COMMENT

  1. Public Comment *Comments will be limited to no more than 3 minutes*
    Any person wishing to address the Commission must submit an Email by following the Public Comment Instructions found on the last page of this agenda or located at www.tdlr.texas.gov. Emails must be submitted to the Commission liaison at Public.Comments@tdlr.texas.govby 12 p.m., May 5, 2021. TDLR offices will not be open for in-person public comment.

COMMISSION ACTION

  1. Discussion and possible action to authorize that Commissioners’ electronic signatures be placed on written orders and decisions resulting from today’s meeting.

MINUTES

  1. Approval of Minutes – Meeting of March 3, 2021

EXECUTIVE SESSION

  1. Executive Session
    1. Consultation with the Commission’s attorney pursuant to Section 551.071(1), Government Code wherein the Commission will receive a briefing from legal counsel concerning pending or contemplated litigation and/or settlement offers.
    2. Advice from the Commission’s attorney on legal matters authorized by Section 551.071(2), Government Code.
      NOTE: The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is appropriate for Executive Session discussion.
  2. Action on items discussed in Executive Session

CONTESTED CASES

  1. Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings)
    Respondents and Prosecutors will each have 5 minutes for presentation and three minutes for rebuttal

Item

 Case / Docket Number

Respondent

1

ELC20180013873, ACR20200005995 / 452-20-2551.ACR

Kyle Pentecost, d/b/a One Call Enterprise, Inc., d/b/a One Call Home Handyman

2

VSF20180007719, VSF20200005115 / 452-20-1697.VSF

J and B Hicks, d/b/a US 59 Enterprises

3

ELC20200008904 / 452-20-4190.ELC

Brayan Estrada

4

TOW20200003794, TOW20200008073 / 452-20-3923.TOW

Miguel A. Roman, Jr., d/b/a Austinite Towing

5

MAS20200007089 / 452-20-4215.MAS

Sandra V. Munoz


RULES

  1. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 86, §86.700, regarding the Vehicle Towing and Booting program. The proposed amendments explicitly prohibit tow truck companies and tow truck operators from: (1) towing vehicles involved in Non-Consent tows to locations other than those stated in rule; (2) recommending that vehicles be towed to any location other than a licensed Vehicle Storage Facility; and (3) obtaining authorization from vehicle operators for repairs or any fees other than those required to perform the tow.
  2. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §§121.10, 121.21, 121.22, 121.70, 121.75, and the proposed new rule at §121.71, regarding the Behavior Analysts program. The proposed amendments establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth.
  3. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter D, §60.42, regarding the Procedural Rules of the Commission and the Department. The proposed amendments to an existing rule reduce the current fee amount in administrative rules charged for the Criminal History Evaluation Letter (CHEL) from $25 to $10.
  4. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §§120.21, 120.22, 120.23, 120.25, and 120.90, regarding the Dyslexia Therapy program. The proposed amendments make updates relating to license applications, examinations, continuing education courses, and telehealth services.
  5. Discussion and possible action on the emergency rulemaking adoption of amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.22, General Powers and Duties of the Department and the Executive Director, regarding the issuance of emergency licenses by the Texas Department of Licensing and Regulation. The effective date for this emergency rule is May 22, 2021.

CRIMINAL CONVICTION GUIDELINES

  1. Discussion and possible action to approve the Criminal Conviction Guidelines for the Motorcycle Operator Training and Safety Program

APPOINTMENTS

  1. Approval of appointments and or reappointment of members to Advisory Boards, including appointment of presiding officers:

APPOINTMENTS:

  • Air Conditioning and Refrigeration Contractors Advisory Board
  • Board of Boiler Rules
  • Combative Sports Advisory Board
  • Electrical Safety and Licensing Advisory Board
  • Midwives Advisory Board
  • Property Tax Consultants Advisory Council

REAPPOINTMENTS:

  • Advisory Board of Athletic Trainers
  • Architectural Barriers Advisory Committee
  • Combative Sports Advisory Board
  • Licensed Breeders Advisory Committee
  • Property Tax Consultants Advisory Council
  • Texas Tax Professional Advisory Committee
  • Towing and Storage Advisory Board
  • Used Automotive Parts Recycling Advisory Board
  • Texas Water Well Drillers Advisory Council

PRESIDING OFFICER APPOINTMENTS:

  • Advisory Board of Athletic Trainers
  • Dietitians Advisory Board
  • Dyslexia Therapists and Practitioners Advisory Committee

STAFF REPORTS

  1. Staff Reports
    Briefing from agency staff on monthly activities, statistical data, personnel changes, communications and public outreach. May include discussion of the following topics:
  • Legislative Update
  • COVID-19 Response Update
  • Agency Reports, Statistics, and Trends
  • HUB Report Update and Mentor Protégé Program
  • Update on any delays, changes, and improvements in TDLR’s licensing process
  • Update on Issuing Emergency Licenses
  • Update Personnel Changes – retirements, promotions, etc.

NEXT MEETING

  1. Agenda items for future Commission Meetings
  2. Discussion of date, time, and location of future Commission Meetings

ADJOURNMENT

  1. Adjournment

 

TEXAS COMMISSION OF LICENSING AND REGULATION

Online Public Comment Instructions

Please note: The public comment portion of the agenda is not a time to speak about pending cases. If your case is on the agenda, you will be given an opportunity to speak when your case is called.

The Texas Commission of Licensing and Regulation will accept public comments at the May 6, 2021, public meeting. 

  • Written comments must be submitted to Comments@tdlr.texas.gov no later than 12:00 p.m. May 5, 2021.
    • Written comments will be provided to Commission members for review prior to the meeting but will not be read aloud during the public meeting.

If you wish to address the Commission by telephone during the public meeting, please provide:

  • your contact information to Comments@tdlr.texas.gov by 12:00 p.m. May 5, 2021.
    • You will receive an email invitation to join the meeting.
      • You may join the meeting via computer or telephone but you must join the meeting no later than 8:30 am
      • After 8:30 a.m. you may submit a written comment, but you will not be admitted into the meeting
      • You may be required to download software to join the meeting, test your connection early to be sure you can connect to the meeting
    • You will be given up to three (3) minutes to speak.

Requests Public Comment must include:

  • Agenda Item or Specific Topic
  • Name
  • Email and Phone Number
  • Please indicate whom you are representing, ex., attorney, yourself or other

The meeting chairperson may reduce the time provided for public comments based on the number of requests received. 

**Please email your public comment request to Public.Comments@tdlr.texas.gov **

DEADLINE FOR PUBLIC COMMENT REQUEST IS 12 p.m. May 5, 2021.

 

Failure to provide the information requested directly above could result in your comment being delayed or taken out of order.